United States v. Forty-Six Bottles Alleged Home Brew Beer

MOSCOWITZ, District Judge.

The libelant seeks to forfeit certain property claimed to be owned by De Brook Company, Inc., the claimant herein. The question of fact as presented at the trial was, Did the claimant, at its premises No. 1105 Metropolitan avenue, Brooklyn, N. Y., have a still set up within the meaning of *241section 3258 of the Revised Statutes, 26 USCA § 281. ’

Claimant contends that, if the question of fact be decided in favor of the libelant, the property cannot be forfeited under section 3258.

It appears that the claimant set up on the premisés in question a large kettle which had…